- (1.) THE prayer in the present petition is to quash the order, Annexure P -10, dated 22.4.2009 awarding punishment of stoppage of four annual increments with cumulative effect, Annexure P -15 order dated 9.6.2011 endorsed on 29.7.2011, rejecting the appeal against the order of punishment and order rejecting representation made by the petitioner to the Health Minister vide communication dated 13.9.2012, Annexure P -17.
(2.) LEARNED counsel for the petitioner submitted that on 4/5.5.2004, the petitioner was on emergency duty in Civil Hospital, Anandpur Sahib, District Roopnagar. At about 1.45 a.m., on 5.5.2004, one Smt. Daljit Kaur wife of Nanak Chand alongwith two other persons came to the hospital and requested for medico -legal examination, for the injuries suffered during a fight. The petitioner prepared the Medico -Legal Report No. 103/57S/APS/04. As probable duration of the injury could not be opined, the patient was referred for X -Ray. When the X -Ray report was received, immediately thereafter on 5.5.2004, the petitioner declared the injury no. 1 on the ring finger of right hand of Daljit Kaur to be grievous in nature and probable duration thereof within 24 hours. There was no delay as such in opining on the possible duration of the injury as without X -Ray report, the petitioner was not able to opine on the same. A complaint was made against the petitioner to Civil Surgeon, Roopnagar by one Raj Kumar Saini, Senior Vice President of Municipal Council , Anandpur Sahib, on 6.5.2004. In pursuance thereof, a preliminary enquiry was conducted. However, finding that there was no wrong committed by the petitioner, the complainant filed an application on 8.7.2004 stating that earlier complaint was made under some misunderstanding and he does not wish to pursue the same. In pursuance thereof, vide communication dated
(3.) 8.2004, the Chief Medical Officer, directed the petitioner to be careful in future while preparing the MLR. The matter stood closed. However, subsequent thereto a charge -sheet dated 24.3.2006 was served upon the petitioner with the allegations that while issuing the MLR he did not mention expected duration of the injury and further that after seeing X -Ray report subsequently 'injury on the ring finger of right hand was declared to be grievous and inflicted within a period of 24 hours' as a result of which FIR was registered against the accused. However, it was found that finger of Daljit Kaur wife of Nanak Chand was fractured 19 days before the alleged conflict and she had got treatment of fractured finger from Dr. Parvinderjit Singh at Civil Hospital, Anandpur Sahib, for which the record was available in the hospital. 4. The submission of the petitioner is that only charge against the petitioner was that he had delayed his opinion about the duration of the injury. In fact, at the time of initial examination of the patient, in the absence of the X -Ray report, the petitioner was not able to opine the duration of the injury. Immediately after X -Ray report was received, he gave his opinion within 24 hours of the preparation of the MLR that the injury suffered by the patient was within a period of 24 hours. The punishment inflicted on the petitioner is disproportion to the charge especially when the complainant had withdrawn his complaint. The Civil Surgeon has issued a letter to the petitioner warning him to be careful in future while preparing the MLRs. There was no question of keeping the matter pending thereafter.;